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Kashu Pay Terms of Service

Last Updated: 7/13/2026 | Version 1.0

These Kashu Pay Terms of Service ("Terms") constitute a binding legal agreement between you (referred to herein as "you," "your," "Merchant," or "User") and Kashu, Inc. ("Kashu," "we," "us," or "our"), a Wyoming corporation, and govern your access to and use of Kashu Pay, our payment-acceptance and card-processing services (the "Kashu Pay Services"). By enrolling in, accessing, or using the Kashu Pay Services, you agree to be bound by these Terms, our Acceptable Use Policy ("AUP"), our Privacy Policy, the operating rules of the applicable card networks, and any Order, Services Schedule, or Fee Schedule made available to you. If you do not agree to these Terms, do not access or use the Kashu Pay Services.

These Terms apply solely to the Kashu Pay Services. They do not govern the Kashu Wallet, which is subject to the separate Kashu Wallet Terms of Service.

1. The Kashu Pay Services and Partner Relationship

Kashu Pay is a registered partner of Beyondnormal.® (BNP.), a Full-Service, Registered Merchant Acquiring ISO in partnership with Luqra, Inc. and Cliq, Inc., both individually and respectively. The underlying merchant-acquiring, card-processing, and settlement services accessed through Kashu Pay are provided by BNP. and its sponsors and processors:

Kashu provides the Kashu Pay software, onboarding, integration, program administration, and merchant-facing tools that sit on top of these regulated acquiring rails. Kashu is not itself a bank, an acquirer, or a card network, and does not itself settle card transactions. Regulated processing, sponsorship, and settlement are performed by BNP. and the licensed institutions identified above and remain their responsibility. Your enrollment in the Kashu Pay Services may be subject to acceptance and to the BNP. Terms and Conditions (the "T&Cs") and BNP. Service Agreement, which flow down through these Terms.

2. Definitions

3. Eligibility and Enrollment

The Kashu Pay Services are made available exclusively to businesses organized under the laws of the United States and operating in the United States. By enrolling, you represent and warrant that: (a) you are a legal entity in good standing and possess a valid Employer Identification Number (EIN); (b) the individual accepting these Terms is at least 18 years of age and is authorized to bind the entity; (c) you have completed, or will complete, Know Your Business ("KYB") and merchant underwriting, including beneficial-ownership and control-person disclosures required by Kashu, BNP., and the sponsor banks; (d) neither the entity nor its beneficial owners or control persons appear on any U.S. government sanctions, denied-party, or politically-exposed-person list; and (e) all information you provide is accurate, complete, and current. Enrollment is subject to underwriting, credit review, and approval by Kashu and the acquiring institutions, each of which may be declined or revoked in their reasonable discretion.

4. Restrictions on Use of the Kashu Pay Services and Technology

You acknowledge that the BNP. Technology and the structure, organization, and, in some cases, unique source code related thereto constitute valuable trade secrets of Kashu, BNP., and their licensors. Except as expressly permitted under these Terms and any applicable Order or Services Schedule, you agree that you shall not, and shall not permit any User or other third party to: (a) modify, adapt, alter, translate, or create derivative works from any BNP. Technology or Kashu Pay Services; (b) sublicense, distribute, sell, lease, rent, loan, or otherwise transfer the BNP. Technology or Kashu Pay Services to any third party; (c) reverse engineer, decompile, disassemble, or otherwise attempt to derive any source code for the BNP. Technology or Kashu Pay Services; or (d) otherwise use or copy the BNP. Technology or Kashu Pay Services except as expressly permitted under these Terms or any other applicable Order or Services Schedule.

5. Users and Explicit Consent

You shall not allow any person to be a User unless such person has: (a) agreed to the applicable terms and conditions presented through the Kashu Pay Services; (b) provided Explicit Consent to be legally bound by those terms; and (c) provided Explicit Consent to you and, where applicable, to Kashu and BNP. for your specific, disclosed business purpose. You are responsible for ensuring that each User's access and activity remains within the scope of the rights granted under these Terms.

6. Use and Disclosure of User Data and Registration Data

You shall not use or disclose User Data or Registration Data for any purpose that is not expressly permitted under these Terms or by an Explicit Consent given to you by the User to whom such data relates. Without limiting the foregoing, you shall not sell, license, transfer, or otherwise disclose User Data or Registration Data to any other party except as necessary to provide your own services and as permitted under these Terms. You acknowledge that you shall not have the right to request, and neither Kashu nor BNP. shall have the obligation to deliver, any User Data or Registration Data following termination of these Terms, except as required by Applicable Law.

7. Compliance with Applicable Law; Fair Credit Reporting Act

You shall at all times and in all respects comply with all Applicable Law in your use of the Kashu Pay Services. Without limitation, and only where applicable, you shall comply with the federal Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. ("FCRA"), and analogous state law, together with all regulations and administrative requirements thereunder. You acknowledge that use of the Kashu Pay Services, or data obtained or processed using the Kashu Pay Services, may be subject to the FCRA or analogous state laws. If you use or provide any Kashu Pay Services that are not labeled for FCRA use or authorized for use in accordance with the FCRA, or you obtain data that is not subject to the FCRA, you shall not use or provide such Kashu Pay Services or data for an FCRA-related purpose, and you shall require any User to agree to the same restriction. Kashu and BNP. may from time to time request additional information regarding your use of the Kashu Pay Services and your compliance with the FCRA, and you agree to reasonably cooperate with any such request.

8. Card Network Rules, Settlement, and Chargebacks

Your acceptance of card transactions through the Kashu Pay Services is subject to the operating rules of Visa, MasterCard, and any other applicable card networks, as amended from time to time. You agree to comply with all such rules, including those governing acceptance, data security (including PCI-DSS), prohibited transactions, and cardholder disputes. Settlement of card transactions is performed by the acquiring and sponsor institutions identified in Section 1 and is subject to their timing, holds, reserves, and adjustments. You are responsible for all chargebacks, returns, reversals, fines, assessments, and adjustments arising from your transactions, and you authorize Kashu and the acquiring institutions to debit amounts owed, and to establish reserves, in accordance with these Terms and the applicable Services Schedule.

9. Fees

You agree to pay the fees for the Kashu Pay Services as disclosed in any Order, Services Schedule, or Fee Schedule made available to you. Fees may include processing, interchange, assessment, platform, and program-administration components, and may be charged on a per-transaction basis. Fees for the underlying acquiring, sponsorship, and settlement of card transactions are charged by, and disclosed by, the acquiring institutions. You authorize Kashu and the acquiring institutions to deduct fees and amounts owed from settlement proceeds or to debit your designated bank account. Failure to pay amounts when due, or an uncured material breach, may result in suspension or termination of the Kashu Pay Services and recovery efforts as permitted by law. You are responsible for all taxes associated with your use of the Kashu Pay Services, excluding taxes based on Kashu's net income.

10. Privacy and Data Protection

Each party will comply with all Applicable Law, including privacy and data-protection law and laws relating in any way to the confidentiality of Personal Information, including Applicable Laws regulating banking secrecy and outsourcing requirements, to the extent applicable to the provision or use of the Kashu Pay Services under these Terms. Kashu processes Personal Information in accordance with our Privacy Policy. You are responsible for providing all notices and obtaining all consents required for the collection, use, and disclosure of Personal Information you submit to or process through the Kashu Pay Services.

11. Information Security Program

Each party will develop, maintain, and implement a comprehensive written information-security program that: (a) complies with the requirements of this Section; (b) includes, without limitation, technical, physical, and administrative or organizational safeguards designed to (x) ensure the security and confidentiality of Personal Information, (y) protect against any anticipated threats or hazards to the security and integrity of Personal Information, and (z) protect against any Information Security Incident; and (c) includes, without limitation, regular testing and monitoring of the effectiveness of each party's information safeguards.

Kashu will employ commercially reasonable efforts pertaining to the security of the technology used to provide the Kashu Pay Services. Upon your reasonable request, not more frequently than once per calendar year, Kashu will make available its then-current SOC or equivalent report, or comparable materials that satisfy then-current regulatory guidance to which Kashu is subject, describing the methods and procedures used to safeguard the systems on which the Kashu Pay Services reside. You may share such reports only as necessary and subject to the confidentiality obligations of these Terms.

12. Duty to Inform; Security Incidents

Except to the extent prohibited by Applicable Law or law-enforcement requirements, each party will inform the other in writing of any Information Security Incident involving the other party's Personal Information upon its discovery. For purposes of this provision, "discovery" means the first day the Information Security Incident is known, or should have been known, to have occurred by any employee, officer, or agent of the impacted party. Such notice will summarize in reasonable detail the effect on the other party, if known, and the corrective action taken or to be taken. The applicable party will promptly take all necessary corrective actions and will cooperate fully with the other in all reasonable and lawful efforts to mitigate the effects of such Information Security Incident. Except to the extent prohibited by applicable legal, regulatory, or law-enforcement requirements, a party must obtain the approval of the other before any publication, communication, notice, press release, or report related to an Information Security Incident that expressly mentions the other party or its affiliates.

13. Governmental Requests for Personal Information

Except to the extent prohibited by applicable legal, regulatory, or law-enforcement requirements, each party will promptly inform the other in writing if any competent authority, regulator, or public authority of any jurisdiction requests disclosure of, or information about, the Personal Information relating to the other party that is processed in connection with the Kashu Pay Services. Each party will, without limiting its rights under Applicable Law, cooperate with the other as reasonably necessary to comply with any direction or ruling made by such authorities.

14. Denial, Suspension, and Termination of Services

Kashu, together with BNP. and the acquiring institutions, reserves the right, in its sole reasonable discretion, to deny or refuse to provide any Kashu Pay Services (either generally or with respect to a particular User or transaction), to suspend your access to the systems that store or host the Kashu Pay Services, or to terminate these Terms, in the following circumstances: (a) provision of the Kashu Pay Services would, in reasonable determination, violate any Applicable Law; (b) receipt of a judicial or governmental demand, order, subpoena, or law-enforcement request that expressly or by reasonable implication so requires; (c) a reasonable belief that you or a User has failed to comply with these Terms, the AUP, the applicable T&Cs, or has accessed or used the Kashu Pay Services beyond the scope of the rights granted or for a purpose not authorized under these Terms; (d) a security issue or unauthorized access related to you or a User; (e) a reasonable belief that you or any User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activity relating to the Kashu Pay Services; (f) as necessary to comply with Applicable Law in the territory; or (g) non-payment of fees or other uncured material breach. Upon termination, your license and access to the Kashu Pay Services are revoked. Termination does not relieve you of any obligation or liability accrued prior to termination, including amounts owed, chargeback liability, and reserve obligations, which survive termination.

15. Intellectual Property

All content, user interface, software, algorithms, models, and code contained in or made available through the Kashu Pay Services, and all related rights including trademarks, copyrights, patents, and trade secrets, are the exclusive property of Kashu, BNP., or their respective licensors. Except as expressly stated herein, no rights or licenses are granted to you, whether by implication, estoppel, or otherwise. You agree not to use the Kashu, Kashu Pay, or BNP. names, logos, or proprietary marks without prior written permission.

16. Third-Party Services

The Kashu Pay Services incorporate or facilitate access to third-party platforms, including acquirers, processors, sponsor banks, card networks, and identity-verification providers. Kashu is not responsible for the performance, privacy practices, or terms of service of third-party services, and your use of such services is subject to their separate terms. Kashu disclaims all liability for content, functionality, or damage arising from third-party services.

17. Disclaimers

The Kashu Pay Services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, availability, and reliability. Kashu does not guarantee that the Kashu Pay Services will be uninterrupted or error-free, and does not control or guarantee the approval, settlement, completion, or final disposition of any transaction, all of which are subject to the rules, controls, and final determination of the card networks and the acquiring institutions.

18. Limitation of Liability

To the fullest extent permitted by law, Kashu and its officers, directors, employees, and affiliates will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, data, or business opportunities, arising out of or relating to your use of the Kashu Pay Services. Kashu's total aggregate liability arising out of or relating to these Terms will not exceed the amount of Kashu Pay Service fees you paid to Kashu in the six (6) months preceding the event giving rise to the claim.

19. Indemnification

You agree to indemnify, defend, and hold harmless Kashu, BNP., the acquiring institutions, and their respective affiliates, officers, directors, employees, agents, and representatives from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of the Kashu Pay Services; (ii) your violation of these Terms, the AUP, the applicable card-network rules, or any Applicable Law or third-party right; (iii) your transactions, chargebacks, or reserve obligations; or (iv) your fraud, negligence, or willful misconduct.

20. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, without regard to its conflict-of-law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Kashu Pay Services shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) in Cheyenne, Wyoming, under its Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court having jurisdiction. You agree to waive any right to a jury trial or to participate in a class-action lawsuit. The provisions of this Section, together with Sections 14 (Denial, Suspension, and Termination), 17 (Disclaimers), 18 (Limitation of Liability), and 19 (Indemnification), shall survive termination of these Terms.

21. Modifications to Terms

Kashu reserves the right to modify or update these Terms at any time. Non-material changes are effective upon posting. Material changes will be communicated via the Kashu Pay Services or by email at least thirty (30) days before they take effect, unless a shorter period is required by law, regulator direction, card-network rules, or partner-institution requirements. Your continued use of the Kashu Pay Services after the effective date constitutes acceptance of the modified Terms.

22. Contact Information

For questions, legal notices, or service of process, you may contact us as follows:

Kashu, Inc.

Attn: Legal Department

1603 Capitol Ave, Ste 415 #674380

Cheyenne, WY 82001

Email: legal@kashupay.com

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